city, oakland. close to 50 everywhere else. 47 in gilroy. 49 degrees in san francisco. so it's not too bitter cold out there. it is going to be chilly throughout the day. highs only ramping up into mid 50s and maybe a few showers today. we'll let you know where we expect that action coming up at 4:31. let's send it to the real mr. smooth mike inouye. >> we'll look at oakland after that compliment. a smooth flow across the nimitz. bay bridge and incline moving nicely. light volume as you can see for both decks. road crews there on both decks right now but no problem because you can get by those few lanes where crews are without any problem. the maps will show you approach is also a smooth drive coming through berkeley and emeryville. traditional road crew and not a surprise to folks now. north of the carquinez bridge we show eastbound 80 traffic flow slowing a bit. there are road crews in both directions and cause for slowing

but not this extensive. we'll track that. also note the fog is not there yet. things will change over the course of the morning. we'll send it back to you. new this morning, santa clara police hope surveillance video from an overnight robbery will lead them closer to suspects. robbers held up the shell station along great america parkway not far from the theme mark park. the robbers drove off in a white car heading toward highway 237. we're expecting to learn more today from police about a deadly crash on an oakland street all caught on camera. be prepared. some of the video may be disturbing. a surveillance camera capturing a head-on crash at 36th avenue and foothill boulevard. sadly one person died and three other people including a person standing on that corner managed to escape with minor injuries there. neighbors say police often speed through this intersection and it's not the first time something bad has happened.

>> it's the fourth major accident i've seen right here in six months. it happens all the time right here. people go through here at 50 60 miles an hour. i've got three little kids. i walk them back and forth here all the time. it's pretty scary. >> the owner of that jeep in the accident tells nbc bay area he was working on his vehicle in front of his house and when he went inside for a moment a woman stole it and that's when the crash happened. she ended up crashing head-on into the honda. police expected to release more details of this investigation later on today. 4:33. neighbors in los gatos are questioning gun sales in their town. hundreds of people crowded a town hall meeting last night to discuss a new sporting goods store that is selling guns on university avenue. opponents say the city should not have approved permits for the store without a public hearing. the store owner says he's following all rules and is even promoting gun safety. >> we explain the laws to them sold them cable locks and showed

them how to properly secure them. >> people talk about the nail stores coming in retail stores coming in it's a big production and yet a gun store goes in and we have no say in the matter. >> after hours of public comment, the town council continued the meeting until february 11th to consider changing zoning laws and the permit process for gun sales. the council will also consider new gun regulations. to ban or not to ban? that's the question for the state supreme court this morning surrounding medical marijuana. this case involves a southern california medical marijuana dispensary and the city of riverside. riverside banned the pot club from opening within city limits and the club says that's a slap in the face to voters who legalized medical marijuana back in 1996. the court ruling could impact cities all over the bay area. some that banned put clubs within city limits. bay area dispensaries are closely watching the case. >> i would be very disappointed. as a voter i wouldn't feel like

my voice is being heard. this is something that's been decided 16 17 years ago, 1996. >> for the record san jose is the only city in santa clara county allowing the sale of medical marijuana. today's hearing starts at 11:00. 4:35. san jose city council will take on the issue of marriage equality today. several council members are expected to request the council put a resolution supporting marriage equality on a future agenda and call on the city to join a case currently before the u.s. supreme court that is aimed at overturning the defense of marriage act. they will not receive the mayor's support. in a recent interview with san jose inside, the mayor said while he supports civil unions he draws the line at marriage. >> it is 4:36 right now. time to check in with christina loren to find out what is going on outside. what can you tell us young lady? >> not too bad out there. good morning. we do have low clouds overhead

but nothing like yesterday morning. visibility levels will drop off as we head through the next few hours. i expect more low cloud cover hovering above the bay area. it will be a murky day to start. temperatures right now are kind of comfortable. close to 50 degrees just about everywhere. 47 degrees, good morning to you in livermore. 47 in gilroy. 50 degrees in oakland. and 48 degrees in beautiful san mateo. headed toward a nice day today. we'll see a little bit of sunshine. not a whole lot. more like a mix of sun and clouds. we stop the clock on future cast at about noon. still cold at that time. temperatures mostly in the 40s. even the south bay. 48 degrees as you break for lunch in san jose. that means you'll need your jacket today and temperatures are only going to creep up to mid 50s. upper 50s in some cities like santa rosa. overall much cooler than yesterday. you'll notice the difference. a few showers possible in the north bay later on today and then widespread rain moves in as we head through thursday. your full forecast in a few moments. let's check your drive. good morning mike.

>> good morning. folks, good news. no active crashes going on. no lanes blocked as far as that type of activity for the freeway. right now it's early and as you can see through palo alto 101 shows a sparsely populated freeway around university avenue heading northbound with lights. we'll show you maps around the area as well. we had earlier construction. i talked about delays. a shift as far as speeds flowing through the junction but still that slowdown does show up. lighter flow of traffic. it may be construction equipment that's causing most of that slowing. no crashes or other incidents besides crews there. sunol moves smoothly for 680. through oakland, you do have southbound side with road crew between 980 and heading down toward the coliseum. light slowing through downtown. i'll check that and let you know if there's anything going on. >> thank you very much. you'll like this one. a new report right now looking at how much time you need to get yourself to that morning

meeting. the texas transportation institute has released its annual traffic findings for 2011 including a formula for exactly how much time it will take you to get somewhere during those peak hours. commuters in the san francisco oakland area need to allow an extra six minutes for every 20 minutes of travel time. so same goes for commuters in the south bay. as for the worst commutes coast to coast, washington, d.c. topping that list. drivers there spend an extra 67 hours per year in their car. the san francisco-oakland area tied with los angeles for second place. congratulations. commuters there spending an extra 61 hours per year in the car. san jose ranking 28th. drivers spending an extra 39 hours per year in the car. >> if you are still feeling the sting of the 49ers super bowl loss maybe some pudding will help boost your spirits.

pudding. >> congratulations, san francisco. you might not be getting a trophy, but you will be getting a cup of jell-o pudding because nothing matches the bitter taste of defeat like the tweet taste of jell-o. >> thank you, kraft foods. they are releasing this commercial to announce the consolation pudding drop. they are happening all day today in san francisco starting at 7:00 a.m. hall of famer and former 49er ronnie lott is going to drop by a drop station at 12:30. >> i feel better already. amazing how that can help. if free chocolate pudding isn't your thing how about free pancake day. ihop offering a free short stack of pancakes all day long. they are free and diners do have an option of leaving a donation to help support the children's miracle network.

very cool. bring on the syrup. donations in the bay area will go to the children's hospital and research center in oakland. >> pudding and pancakes is going to kill my diet. >> i would like to put that on the pancakes. let's just combine the two and make it a party. >> pudding pancake party. 4:40. facebook's new plan to track you no matter where you can. action to keep your athletes safe. hoping to avoid major health issued with young athletes. information about the deadly bus crash in southern california. why investigators say the crash might have been preventible.

welcome back. good tuesday morning to you. facebook coming up with a new application that will track you and your friends. bloomberg reports the menlo park company is scheduled to release a new app in march that would help a user find nearby friends. the program would run in the background even when the app is not open. while the app would be designed for users, bloomberg points out there could be an ulterior motive. facebook could use the information to sell ads based on where a user is and what they do in a course of a day. meantime cupertino's apple getting ready to come out with another ipad. for details on that and rest of

your news before the bell let's turn things over to courtney reagan live at cnbc world headquarters. courtney, good morning. >> good morning, jon. futures are higher but that's after stocks suffer the worst loss of the year on monday. investors sold off shares amid worries about europe and spain and italy. we'll get information on earnings from kellogg's and disney. the nasdaq losing nearly 48 to 3131. apple will find out today if bigger is better. the company is rolling out a 128 gigabyte version of the ipad 4. that's double the capacity of the current tablet. it is aimed at professions. it may also be a direct shot at microsoft which is starting to

sell its own 128 gigabyte pro tablet this weekend. back to you. >> it's a fierce competition in that tablet field. thank you very much. all right. don't need a tablet. just need christina loren to find out that forecast. >> no apps required. >> 4:45. good morning to you. a good looking day shaping up. wintry day. we haven't had all that many wintry days so far this season. we're going to be in the low to mid 50s today. kind of cool. kind of cloudy. spring is just around the corner now. we're already getting talking about spring training starting for our own san francisco giants. the world champions. you know warmer days are just ahead. it makes it easier to get through the cold. we do have fog out there you have to contend with on your drive this morning. travel cautiously. not as thick as it was yesterday at the immediate surface. we have a thick deck of clouds hovering over the bay area and that's going to make for limited sunshine for the first part of

the day. future cast tells the story. clouds will thicken up even more so bringing in drizzle right at the immediate coast at about 8:00 a.m. we stop the clock for you again getting into the afternoon hours. look at this. a front tries to move into the north bay. it's going to break apart before it hits sonoma county. i do believe a couple of cells will impact the immediate coast in sonoma and marin county as we head through the second half of the day. stop the clock on future cast taking you through tuesday. it looks like it will be sunniest day of the week but staying nice and chilly. make sure to have that jacket ready to go. good news is we have better air quality with something that we are suffering from. high pollen levels. i know a lot of people have been reporting sneezing sniffling, coughing and wondering why. this is why. high pollen level for today and tomorrow. then these levels should creep down as we head into friday and the weekend. 53 degrees for livermore. 57 in fremont. 56 in san jose. 57 degrees in gilroy. just one of those days you want to keep that allegra handy if you suffer from allergies or

limit your outdoor activity. thursday into friday temperatures stay cool. we bring in rain. into the weekend, just in time for giants fan fest at at&t park on saturday temperatures are going to stay cool but we'll have a lot of sunshine. great news out there. you don't want rain on an event like that. back to you guys for now. >> thank you very much. it's 4:47. federal investigators will be in southern california this morning examining the tour bus involved in the deadly accident sunday night. seven people died. dozens others hurt when the bus crash in the san bernardino national forest. investigators say the bus had a history of brake and maintenance problems. in october, safety inspectors slapped the 17-year-old bus with eight violations. ntsb will conduct its own investigation today. after being held hostage for nearly a week in an underground bunker a 5-year-old alabama boy is said to be doing well this morning after his captor is killed in a raid. law enforcement officers storming that bunker in midland city yesterday where a

65-year-old jimmy lee dykes had been holding that boy after snatching him and killing a bus driver. authorities releasing very few details here other than saying dykes is deceased following that raid. the 5 year old we're being told is resting comfortably in a hospital. no word on a motive for the kidnapping. the faa may soon start to allow boeing to start test flights of the troubled dreamliner airplanes. all 787 dreamliners were grounded last month after several incidents including a small fire. investigators say the problem was with the aircraft's lithium batteries. japan's -- >> a student athlete bill of rights. a plan to improve medical care for young athletes injured on the playing field. the group wants to shed new

light on ways to better diagnose brain injuries and heart problems. it's also focusing on improving conditioning and diet in youth sports. also in washington president obama is meeting with corporate executives and labor leaders this morning hoping to garner support for immigration reform. the president has said in the past he wants to give illegal immigrants a clear process to achieve citizenship. that includes the payment of fines, criminal background checks and going to the back of the line behind legal applicants. he has vowed to introduce his own bill in congress fails to act in a timely fashion. it comes ahead of a state of the union address next tuesday, which will challenge republicans on the issue. new details being released this morning about felix bumgardner's free fall from space. a new report says the dare devil

reached speeds of 843 miles per hour. that's well past the speed of sound. it's even faster than previously thought. during his near 20-mile free-fall. officials say he remained supersonic for a half minute while maintaining a heart rate below 185 beats per minute. you got to be cool to do that. about 50 million people watched it on youtube. >> it was very interesting. 4:50 right now. the super bowl ad with a california twist. the man who says he didn't even know he had been featured in the game until he saw it with his own eyes. >> like that one. plus a woman on vacation gets a nice up close look at some of these big fellows. the whale. >> the whales watching them. we're watching the south bay. smooth drive. we'll talk about works going on here and east bay as well coming up.

welcome back everybody. right now we are watching the skies for you. christina loren will be along in moments to tell you about that weather. this is a live look over sfo this morning. looks like we're void of those low hanging clouds we had yesterday. it's still early. we'll keep an eye on it. mike is. watching the traffic. a unique connection to a super bowl ad many viewers said was the best they saw during the game. >> on the eighth day god looked

down on his planned paradise and said i need a caretaker. so god made a farmer. >> the ranch in the photo belongs to a family in king city. it's been passed down for four generations. brian said he was shocked when he saw the commercial made for dodge, ram and voiced by legendary broadcaster paul harvey. >> we had no idea that they picked our property. it was pretty exciting. pretty amazing. >> so how did dodge get that photograph in the first place? he's sure a helicopter flew over a month or so ago. he said the commercial itself was spot on. he has a truck, sedan and van all made by dodge. >> maybe deserves a free one after that. >> a little something extra. >> come on. 4:55 right now. mike inouye here to tell us about what's happening roadwise. probably some dodge trucks out there. >> thankfully no reports of anyone having to dodge any

trucks. that's good as well. a smooth flow of traffic right here along the freeways. let's get a live look outside and see how things are shaping up on the east bay. this is fremont south 880 looking smooth past of the truck scales at tesla and northbound looking nice as well as you travel up in toward hayward. maps will show you that in the tri-valley we do have your typical flow here at the limit for livermore, pleasanton and past that dublin interchange. eastbound you have slowing as there is construction between isabelle interchange and over toward north livermore. a look just to the right side of the screen you do see slowing. no accidents or incidents reported there. we might have some construction crews on the move. north bay we do have folks on the move. this is a nice flow through san rafael southbound side. yesterday we had the fog brewing this morning. it looks clearer. as christina said things may change over the course of the morning. she's tracking that. we'll let you know as that affects your drive. speaking of changes, sometimes the whales actually watch us.

talking about getting more than you bargained for. a woman sharing amazing vacation photos while her whale watching trip takes a larger than life turn in mexico. she caught a number of whales leaping out from the sea of cortez coming just 20 feet away from her boat. then she says she saw another boat racing toward the marina slam into one of those whales there. that boat did not sink. she tells us the crew was able to speed away. she also said the whales were not hurt. they simply swam away. >> that's their territory. we need to respect their land. -- water. >> they want to jump on your boat step aside. a potential traffic mess you want to avoid. the work being done a major freeway interchange. details coming up. search is on for a man involved in a violent south bay home invasion. we'll show you who police are looking for.

new this morning, police say the president and ceo of a college prep basketball based school is facing child abuse charges. i'm marla tellez with that story still ahead. it's not too cold out there this morning. temperatures in the 40s. low 50s. it's going to be a cool cloudy day and rain on the way. we'll time it out to your neighborhood doorstep coming up. i'll show you what else we'll see with roadways crossing the bay this morning. and a live look outside. a little cloud overhead to keep you cozy on this tuesday morning. you made it to february 5th. this is "today in the bay." good morning. thank you for joining us. 5:00. i'm laura garcia-cannon. >> i'm jon kelley. if you are heading to the south bay, you may need to keep your eye out for extra traffic over the next couple of hours.

a live look for you at the 880/280 interchange in san jose where most of the on and off ramps are going through intermittent construction closures. crews working in that area until 7:00 a.m. and similar closures be prepared will happen tomorrow through saturday midnight to 7:00 a.m. closures part of a major upgrade to the interchange to relieve congestion in that area. police in sacramento are expanding their search statewide for more student victims violently punished at an exclusive basketball academy. marla tellez joins us live in our newsroom with the abuse students were facing and what's being done to the teacher at the center of those allegations. good morning marla. >> good morning. so far four students three of them teenagers are from the ccse preparatory academy have come forward with details allegations and police are afraid there are more victims. these four were among only ten basketball players who were